Dealer Data Solutions, LLC
Effective: April 23, 2026
These Terms of Service ("Terms") are a binding agreement between Dealer Data Solutions, LLC ("DDS," "we," "our," or "us") and the dealership or other entity accessing or using our customer relationship management, compliance, inventory, and communications platform (the "Services").
You accept these Terms by: (a) clicking an "I agree" (or similar) button or checkbox where presented; (b) signing an order form, order confirmation, or subscription agreement referencing these Terms; or (c) accessing or using the Services. If you are entering into these Terms on behalf of a dealership, company, or other legal entity, you represent that you have the authority to bind that entity, and the terms "Dealership," "you," and "your" refer to that entity.
These Terms govern all use of the Services. Additional terms (for example, an order form, a statement of work, or feature-specific terms) may apply to specific commercial arrangements. In the event of a conflict, the order of precedence is: (1) any signed order form or statement of work, (2) these Terms, (3) our Privacy Policy at /legal/privacy, and (4) any supplemental guidelines or documentation.
DDS provides a hosted software-as-a-service platform for automotive dealerships, which may include customer relationship management, inventory management, document handling, communications (SMS, email, voice), credit application workflows, compliance tooling, and related features. The specific capabilities included in your Subscription are described in the Documentation and any applicable order form, and may change over time.
DDS may modify, enhance, or discontinue features of the Services at any time, with or without notice. We will use commercially reasonable efforts to give advance notice of material reductions in functionality that affect paying Subscriptions.
To access the Services, you must register a dealership account and provide accurate, complete, and current information, including your legal business name, address, tax identification number, and a verifiable business email and phone. You are responsible for keeping your account information up to date.
You are responsible for maintaining the confidentiality of all credentials associated with your account, including passwords and multi-factor authentication devices. You are responsible for all activity that occurs under your account, whether or not authorized, unless such activity results from DDS's gross negligence or willful misconduct. Notify us promptly at [email protected] if you suspect unauthorized access to your account.
You must be at least 18 years old and legally authorized to enter into contracts in your jurisdiction to register an account. The Services are not offered to individuals under 18.
You may designate Authorized Users and assign them roles within the Services. Each Authorized User must accept the applicable Terms before using the Services. You are responsible for all actions taken by your Authorized Users.
You agree to:
We may suspend or revoke access for any Authorized User who violates these Terms, creates a security risk, or is reasonably believed to be engaged in prohibited activity under Section 7. We will notify you promptly of any such action.
Unless otherwise agreed in an order form, Subscriptions are billed on a month-to-month basis and automatically renew for successive one-month terms. Fees are set forth on our pricing page, in your order form, or as otherwise communicated in writing by DDS.
Fees are exclusive of all taxes, levies, and duties, and you are responsible for paying all such amounts (other than taxes imposed on DDS's net income). All fees are non-refundable except as expressly provided in these Terms.
You authorize DDS (or our payment processor) to charge your designated payment method for all fees as they become due. If a payment fails, we may: (a) retry the charge; (b) suspend Services after reasonable notice; or (c) terminate your Subscription in accordance with Section 16. Invoices not paid within thirty (30) days of the due date accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.
You may cancel automatic renewal of a month-to-month Subscription at any time by providing written notice at least thirty (30) days before the next renewal date. Cancellation is effective at the end of the then-current billing period. Fees already paid for the current period are non-refundable.
We may change Subscription fees by giving at least thirty (30) days' notice to the billing contact on file. Changes take effect on your next renewal following the notice. Your continued use of the Services after the change takes effect constitutes acceptance of the new fees.
From time to time, DDS may make the Services (or specific tiers, features, or components thereof) available to you at no charge, at a discount, during a trial or pilot period, or as a beta or early-access offering. The following apply to any such offering:
You will not, and will not permit your Authorized Users or any third party to:
We may suspend Services or remove content if we reasonably believe it violates this Section 7, subject to the suspension procedures in Section 16.
You own your Customer Data. As between you and DDS, you retain all right, title, and interest in and to Customer Data, including all Consumer information you process through the Services.
You grant DDS a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and create backups of Customer Data solely as necessary to: (a) provide and maintain the Services for you; (b) comply with legal obligations; (c) respond to support requests; (d) prevent fraud or abuse; and (e) generate aggregated or de-identified statistics for product improvement. We do not use identifiable Customer Data to train machine learning models, to build competing products, or for any purpose not authorized by these Terms or an applicable order form.
You represent and warrant that you have all rights, consents, and authorizations necessary to upload, transmit, and process Customer Data through the Services, including any consents required under applicable privacy, consumer-credit, electronic-signature, telemarketing, call-recording, and messaging laws.
Our processing of Customer Data — including Consumer information we process on your behalf — is governed by our Privacy Policy at /legal/privacy. For Consumer information, you are generally the financial institution / controller with the consumer relationship, and DDS generally acts as your service provider / processor. DDS may still have direct legal obligations for information it maintains or processes through the Services. A separate signed MSA, DPA, or order form controls if it conflicts with these online Terms.
DDS will use commercially reasonable efforts to make the Services available, but does not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to: scheduled maintenance, unscheduled maintenance, third-party service provider outages, security incidents, hardware or software failures, or events outside our reasonable control (including those described in Section 18.4).
For paid Subscriptions, we will use reasonable efforts to schedule maintenance outside peak business hours and to provide advance notice of planned outages where practical. No specific uptime, response time, or recovery time commitments apply unless expressly stated in a separately executed service level agreement.
Each party will: (a) protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information of like kind (and in no event less than reasonable care); (b) use Confidential Information solely to perform under or enforce these Terms; and (c) not disclose Confidential Information to any third party except to its employees, contractors, advisors, and service providers who have a need to know and are bound by confidentiality obligations at least as protective as those in these Terms.
Either party may disclose Confidential Information if compelled by law or valid legal process, provided that (where legally permitted) it gives the other party prompt notice and a reasonable opportunity to seek a protective order.
Customer Data is treated as your Confidential Information. DDS's product roadmaps, pricing, non-public security architecture, and sub-processor list are treated as DDS's Confidential Information.
DDS retains all right, title, and interest in and to the Services, the underlying software, the Documentation, our trademarks and branding, and any derivative works, improvements, updates, or modifications of any of the foregoing. No rights are granted to you except as expressly set forth in these Terms.
Subject to these Terms and timely payment of all applicable fees, DDS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the term of your Subscription to access and use the Services solely for your internal business operations as a dealership.
Nothing in these Terms transfers ownership of the Services to you or grants you any right to copy, modify, distribute, sell, or lease any portion of the Services.
You grant DDS a non-exclusive, royalty-free, worldwide license to use your trade name and logo solely to identify you as a customer of DDS (e.g., on a customer list), provided that we will remove such references within a reasonable period after written request.
The Services integrate with or depend upon certain third-party services (for example, SMS and voice carriers, email providers, inventory feed providers, credit bureaus, payment processors, and authentication providers). Your use of those third-party services is governed by those third parties' own terms and privacy policies, not these Terms. DDS is not responsible for the acts or omissions of third-party services, any fees they charge directly to you, or any interruption or change in their offerings.
When you authorize an integration (for example, by connecting a Google or Microsoft email account, or by authorizing a DMS inventory feed), you represent that you have the authority to do so and that such authorization complies with the third party's terms. You may revoke an integration at any time through the Services or with the third party directly.
DDS represents that it will perform the Services in a manner consistent with general industry standards, using reasonable skill and care. Your exclusive remedy for any breach of this representation is to have DDS re-perform the non-conforming Services. If we are unable to do so within a reasonable period, you may terminate the affected Subscription and receive a pro-rata refund of any prepaid, unused fees for the remainder of the then-current billing period.
Some jurisdictions do not allow the exclusion of certain implied warranties. In those jurisdictions, the exclusions above apply to the maximum extent permitted by law.
The limitations in Sections 14.1 and 14.2 do not apply to:
You acknowledge that the limitations and exclusions in this Section 14 are an essential basis of the bargain between the parties and apply even if any remedy fails of its essential purpose. Without these limitations, fees would necessarily be higher.
DDS will defend you against any third-party claim alleging that the Services, as provided by DDS and used in accordance with these Terms, infringe a third party's U.S. patent, copyright, or trademark, and will indemnify you against damages and costs (including reasonable attorneys' fees) finally awarded by a court of competent jurisdiction or agreed to in settlement by DDS for such claim.
DDS's obligations under this Section 15.1 do not apply to claims arising from: (a) modifications to the Services not made by DDS; (b) combinations of the Services with products or services not provided by DDS; (c) use of the Services in violation of these Terms or applicable law; or (d) Customer Data.
If the Services become, or in DDS's reasonable opinion are likely to become, the subject of an infringement claim, DDS may at its option: (a) modify or replace the Services to make them non-infringing; (b) obtain a license permitting continued use; or (c) terminate the affected Subscription and refund any prepaid, unused fees. This Section 15.1 states DDS's sole liability, and your exclusive remedy, for infringement claims.
You will defend DDS against any third-party claim arising from or relating to: (a) Customer Data, including claims that Customer Data violates applicable law or infringes a third party's rights; (b) your or your Authorized Users' violation of Section 7 (Acceptable Use); (c) your communications to Consumers, including TCPA, CAN-SPAM, FCRA, or state privacy law claims; (d) your violation of applicable dealer licensing or consumer protection laws; or (e) your or your Authorized Users' gross negligence, willful misconduct, or fraud. You will indemnify DDS against damages and costs (including reasonable attorneys' fees) finally awarded or agreed to in settlement by you for such claims.
The indemnifying party's obligations are conditioned on the indemnified party: (a) giving prompt written notice of the claim; (b) granting the indemnifying party sole control of the defense and settlement (provided that any settlement requiring the indemnified party to admit fault or pay money requires the indemnified party's consent, not to be unreasonably withheld); and (c) providing reasonable cooperation, at the indemnifying party's expense.
These Terms begin on the date you first access the Services and continue until terminated as provided here.
You may terminate a Subscription by cancelling auto-renewal as provided in Section 6.3. Termination takes effect at the end of the then-current billing period.
Either party may terminate immediately if the other party materially breaches these Terms and fails to cure within thirty (30) days after written notice (or ten (10) days for payment breaches). DDS may terminate or suspend immediately, with notice where reasonable, if: (a) you breach Section 7 (Acceptable Use); (b) you file for bankruptcy or become insolvent; (c) continued provision of the Services would violate applicable law; or (d) DDS reasonably determines that suspension is necessary to protect the security or integrity of the Services or other customers.
On termination: (a) your and your Authorized Users' rights to access the Services end; (b) any unpaid fees become immediately due; and (c) each party will promptly return or destroy the other's Confidential Information, except to the extent required to be retained by law or our data retention schedule described in the Privacy Policy.
For thirty (30) days following termination, DDS will make Customer Data available to you in a reasonable machine-readable format upon request, subject to your payment of any then-outstanding fees. After that period, DDS may delete or de-identify Customer Data in accordance with our retention and cryptographic-erase practices as described in the Privacy Policy.
Sections 6 (Fees, as to amounts accrued), 8 (Customer Data Ownership), 10 (Confidentiality), 11 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16.4 and 16.5, 17 (Governing Law & Dispute Resolution), and 18 (General) survive termination.
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing a claim, the parties agree to attempt in good faith to resolve any dispute through direct negotiation. The complaining party will send written notice of the dispute to the other, describing the claim and the relief sought. The parties will then meet (in person or by video) within thirty (30) days to attempt resolution.
The arbitration will be conducted by a single arbitrator, seated in Greenville, South Carolina, or conducted by video conference at the election of either party. The arbitrator may award any remedy that would be available in court, subject to the limitations in Section 14. The arbitration proceeding and the arbitrator's award are confidential except as necessary to enforce or challenge the award.
Each party bears its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs to the prevailing party to the extent authorized by applicable law.
Notwithstanding the above, either party may: (a) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or breach of intellectual property rights or confidentiality obligations; and (b) bring an individual action in a small-claims court for disputes that qualify, so long as the action remains individual and is not removed or transferred.
For any dispute not subject to arbitration under this Section 17, the parties consent to the exclusive jurisdiction of the state and federal courts located in Greenville County, South Carolina, and waive any objection to venue in those courts.
We may update these Terms from time to time. When we make material changes, we will update the "Effective" date at the top of this page and, for active paying Subscriptions, provide notice to the billing contact on file at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Services and, for paid Subscriptions, cancel auto-renewal under Section 6.3.
Notices to you may be given by email to the billing or support contact on file, by in-product banner, or by posting on our website. Notices to DDS must be sent in writing to the contact address below and will be deemed given upon receipt.
You may not assign or transfer these Terms or any rights hereunder without DDS's prior written consent. DDS may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent. Any other attempted assignment is void.
Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil disturbance, labor disputes, pandemics, telecommunications or internet outages, or actions of government authorities or upstream service providers.
These Terms (together with the Privacy Policy and any applicable order form) constitute the entire agreement between you and DDS regarding the Services and supersede all prior and contemporaneous understandings. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remainder will remain in full force and effect. No waiver by either party is effective unless in writing.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.
Notices to DDS regarding these Terms of Service (including disputes, assignment requests, or termination notices) should be sent to:
Dealer Data Solutions, LLC
Legal notices: [email protected]
Support: [email protected]
Security incidents: [email protected]
Privacy inquiries: [email protected]
We will acknowledge receipt of legal notices within ten (10) business days.